“Discourage litigation. Persuade your neighbors to compromise whenever you
can. Point out to them how the nominal winner is often a real loser—in fees,
expenses, and waste of time. As a peacemaker the lawyer has a superior
opportunity of being a good man. There will still be business enough. Never stir
up litigation. A worse man can scarcely be found than one who does this.”
–Abraham Lincoln to a class of law students over a century ago
About Mark Mazzarella
Mr. Mazzarella brings the experience and wisdom gained over four decades and 95 trials to help parties resolve their conflict through mediation. He has participated in hundreds of mediations and arbitrations during the course of his career resulting in settlements totaling over $330 million and successful defense of nearly half a billion dollars in claims.
During his years of practice, Mr. Mazzarella developed a reputation for winning “unwinnable” cases. He did so in large part through a combination of creativity, ability to connect and communicate with the
jury, and being able to identify and simplify the key issues in a case, however complicated. Unlike many in his profession, his practice was nearly equal in the representation of plaintiffs and defendants. This experience brings a balanced and unbiased perspective to every mediation.
In addition to his law practice, Mr. Mazzarella is an expert in human behavior, reading people, and deal-making. He brings unique skills and professional experience to his role as mediator which have proven to facilitate dispute resolution. He is a best-selling author, licensed real estate broker, serves as an expert witness in legal malpractice matters, and has worked with a number of high-profile individuals and Fortune 500 companies on impression formation.
Mr. Mazzarella is co-author of the best-selling books “Reading People” and “Put Your Best Foot Forward”. He is also a licensed real estate broker and has been personally involved in the development of over 400 units in San Diego County.
See Mark’s professional biography https://mazzarellalaw.com/attorneys/mazzarella-mark/
Mr. Mazzarella has welcomed the transition to mediation. He brings the same dedication that made him successful in in the trenches of the adversarial process in courtrooms from California to Washington DC to assisting parties navigate and negotiate a way out of expensive and exhausting disputes through unparalleled communication and conflict resolution techniques. His creativity often contributes to crafting settlements which contain non-traditional components leading to a resolution all parties can accept.
Mediation Services:
BUSINESS LITIGATION
• Contract disputes
• Lender/borrower disputes
• Partnership disputes
• Shareholder disputes
CONSTRUCTION LITIGATION
• Construction defect disputes
• Owner/contractor disputes
• Vendor disputes
• Professional liability
GOVERNMENTAL ENTITY LITIGATION
• California Coastal Act litigation
• CEQA litigation
• Contract disputes
• Eminent Domain/Inverse condemnation
• Governmental entity torts
• Land use/zoning/entitlement litigation
• Writ proceedings
HOSPITALITY LITIGATION
• Franchise disputes
• Management agreement disputes
• Land use issues
• Vendor disputes
• Construction disputes
• Unfair business practices claims
INTELLECTUAL PROPERTY LITIGATION
• Copyright disputes
• Patent disputes
• Trademark/Tradename litigation
• Trade secret litigation
PROBATE, TRUST AND ESTATE LITIGATION
• Fiduciary disputes
• Trust disputes
• Will contests
REAL ESTATE LITIGATION
• Contract disputes
• Easement/boundary disputes
• Foreclosure litigation
• Lease disputes
• Lender/borrower disputes
• Partnership/shareholder disputes
SECURITIES LITIGATION
• Securities fraud litigation
• Shareholder/investor rights
• Elder Abuse
• Employment
• Professional Liability & Malpractice
Elder Abuse
Employment
Professional Liability & Malpractice
Mediation Process & Policies
Why mediation?
Resolution of even the most heated or complex matters is almost always possible. Mediation can save time, money, heartache. and some sanity. Mediation is a collaborative, non-adversarial approach to conflict resolution. It empowers parties to safely express their positions, define their goals and expectations, and explore solutions in a confidential setting focused on a jointly acceptable resolution. It is more cost-effective, less time-consuming, and less emotionally draining than litigation.
In 2022, Mr. Mazzarella authored an article for the Association of Business Trial Lawyers entitled “The True Cost of Litigation”. For every party contemplating or deep embroiled in litigation, this is a must read. The True Cost of Litigation
Personal Attendance Is Highly Recommended
Outcomes are nearly always better when the parties and counsel attend in person. Additionally, to the extent there are other decision makers who will need to be part of the final say in settlement, they should attend in person as well. This can include, for example, spouses, business partners, insurance representatives or coverage counsel.
Remote and Hybrid Attendance
It is Mr. Mazzarella’s policy to require all participants advise whether they will participate in person or via Zoom at the time the mediation is confirmed. This information is required to be shared with both Mr. Mazzarella and opposing counsel to give all parties the opportunity to postpone, reschedule or cancel the mediation if necessary and avoid the “surprise” of a parties non-attendance which can turn a mediation sour very quickly.
Offsite Mediations
Mr. Mazzarella is available to travel offsite to conduct mediations in a variety of settings. For example, in the case of a dispute involving a home owner’s association, a mediation could be held onsite to view the properties and could be conducted between homes or in a club house. For individuals with disabilities or conditions which leave them homebound, Mr. Mazzarella is able to meet them where they are. Provided facilities are available, homes, community centers, or hospitals are all possibilities to ensure efficiency, the ability to participate in the resolution process, and conduct a mediation in a setting that will be most likely to lead to a production mediation.
Mediation Briefs
Mediation, by its nature, is a completely confidential process. Mr. Mazzarella requests briefs be submitted 5 days prior to mediation. If necessary, briefs may be supplemented up to 24 hours prior to the mediation session. Mediation briefs should outline the factual basis for the dispute and the legal issues involved along with the parties’ settlement position. Briefs can be in letter or pleading format and are not limited in page count. Mr. Mazzarella highly encourages the mutual exchange of mediation briefs prior to the mediation session, but this is at the discretion of the parties and is not required. For a party who is reluctant to exchange briefs, it is possible to prepare a brief which will be exchanged with a separate supplement that will only be submitted to Mr. Mazzarella as the mediator and will not be shared. Content. Identify the players, procedural history, facts, theories of liability and defenses, causation, and damages. Feel free to include the relevant pages of critical documents that go to the heart of the case, but do not attach discovery, medical records, depositions, expert reports, or pleadings. Describe any settlement discussions, and feel free to offer your thoughts about challenges to settlement and ways to overcome them.